Case Summary
Plaintiff Sudakaran sought permanent prohibitory injunction to prevent obstruction of a way he used for 24 years for ingress and egress to his property by defendants Sulthan and Nafeesa.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Permanent prohibitory injunction
Final Judgment
No
The court decreed permanent prohibitory injunction restraining defendants from obstructing plaintiff's access to his property via the way used for 24 years.
Why Plaintiff Won:
Plaintiff proved his case through affidavit and documents, demonstrating his right to the pathway, resulting in the injunction against defendants.
Plaintiff proved his case through affidavit and documents, demonstrating his right to the pathway, resulting in the injunction against defendants.
Losing Side's Weaknesses:
Plaintiff proved his case through affidavit and documents, demonstrating his right to the pathway, resulting in the injunction against defendants.
Plaintiff proved his case through affidavit and documents, demonstrating his right to the pathway, resulting in the injunction against defendants.
Supporting Evidence
Plaintiff proved his case through affidavit and documents, demonstrating his right to the pathway, resulting in the injunction against defendants.
Judgment Evidence:
The suit decreed the defendants to be permanently restrained from obstructing or committing any wastage to the plaint B schedule property and interfering with plaintiff's easementary rights.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.P.Sudakaran
- Party Age
- 56
- Relation
- S/o Aramughan
- Party Role
- Defendant
- Party Name
- Sulthan
- Party Age
- 37
- Relation
- S/o Moideenkutty
- Party Role
- Defendant
- Party Name
- Palapra Nafeesa
- Party Age
- 34
- Relation
- W/o Sulthan, D/o Palapra Aboobacker
- Party Role
- Defendant
- Party Name
- Viswabharan
- Party Age
- 56
- Relation
- S/o Ravunni @ Raman kutty
Plaintiffs Documents
Certified copy of Partition Deed, Certified copy of Jenm Assignment Deed, Petition to District Collector, Acknowledgement Receipt of Petition
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Anil Lal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. E.C.Suresh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from obstructing or committing waste to the pathway and interfering with plaintiff's easementary rights.
Evidence:
The suit decreed the defendants to be permanently restrained from obstructing or committing any wastage to the plaint B schedule property and interfering with plaintiff's easementary rights.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Plaintiff's ownership of the property
Reference:
A1
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Legal transfer of property rights
Reference:
A2
Document Type:
Petition
Submitted By:
Plaintiff
Relevance:
District Collector petition for related issue
Reference:
A3
Document Type:
Acknowledgement Receipt
Submitted By:
Plaintiff
Relevance:
Confirmation of petition submission
Reference:
A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner
Reference:
C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner
Reference:
C3
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner
Reference:
C4
Case Classification
Case Type
Civil Suit - Permanent Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property dispute
Case Code
Case between A.P.Sudakaran vs Sulthan et al regarding permanent prohibitory injunction
Case Code Year
Case between A.P.Sudakaran vs Sulthan et al regarding permanent prohibitory injunction